Criminal Subject Matter Jurisdiction in State Courts

• Jurisdiction: Maryland

II. Criminal subject matter jurisdiction in state courts

Assuming personal jurisdiction, there is an issue of which court within the state has subject matter jurisdiction to hear the case.

A. Adult criminal jurisdiction versus juvenile jurisdiction

Legislatures establish criminal courts and juvenile courts. Statutes providing for subject matter jurisdiction are primarily influenced by the age of the defendant and the nature, severity, and penalty for the offense(s) charged. Subject matter jurisdiction, when based on age, may be exclusively in criminal court, exclusively in juvenile court, or in criminal court or juvenile court, depending on whether there is a waiver of juvenile jurisdiction or a transfer from adult jurisdiction to juvenile jurisdiction. See Md. Code Ann., Cts. & Jud. Proc. § 3-8A-03 through § 3-8A-06.

B. Criminal courts of general jurisdiction versus criminal courts of limited jurisdiction

If subject matter jurisdiction is in criminal court, and not in juvenile court, there are criminal courts of general subject matter jurisdiction and criminal courts of limited subject matter jurisdiction. Criminal courts of general jurisdiction usually have subject matter jurisdiction for felonies and/or offenses with higher sentences and/or subject to a jury trial. Criminal courts of limited jurisdiction usually have subject matter jurisdiction for misdemeanors and/or offenses with lower penalties and/or not subject to a jury trial.

Subject matter jurisdiction may be exclusively in Circuit Court, exclusively in...